Residence Life Community Standards Handbook

Community Living Expectations

The purpose of this Handbook is to establish rules, policies, and guidelines to promote a safe, educational, and fun living environment for all students living in Southwestern Michigan College (“SMC”) Residence Life apartments. By signing the Residential Housing Contract, resident students have agreed to comply with this Handbook; the SMC Student Handbook, including SMC’s Code of Student Conduct; the Terms and Conditions of Residential Housing; and all local, state, and federal laws and ordinances. Nothing in this document may be interpreted to interfere with, limit, or narrow SMC's rights or authority described in the Residential Housing Contract and Application, the Terms and Conditions of Residential Housing, nor the SMC Student Handbook. SMC residents should be familiar with, and must comply with, the terms and conditions contained in the Residential Housing Contract and Application, the Terms and Conditions of Residential Housing, and the SMC Student Handbook.

Anyone violating the rules, policies, or guidelines outlined in this Handbook may face disciplinary sanctions, including fines or suspension or expulsion from student resident housing. Student residents are also responsible for the conduct of their guests and may face disciplinary sanctions for any conduct in violation of established rules.

Any questions about this Handbook may be directed to the Executive Director of Campus Life or to any Residence Life staff member.

Resident Rights and Responsibilities

1. Each Resident has a right to study, sleep, and be free from undue interference from noise, guests, and other distractions. Residents must respect this right by not creating disturbances or causing unreasonable noise or distraction.
   
   
2. Each Resident has a right to privacy. Residents must respect this right by asking permission before borrowing or using other residents’ possessions (e.g., computer, stereo, clothing, food, etc.) unless such possessions have been specified as a “shared item” in the Roommate Agreement. Residents must also respect each others’ private time. The College reserves the right to enter apartments as explained in this Handbook and in the Terms and Conditions of Residential Housing.
   
   
3. Each resident has a right to a clean living environment. Residents must respect this right by maintaining common areas in a clean and orderly fashion. Residents must report maintenance issues and damage to rooms, suites, or common areas as soon as such issue or damage is noticed.
   
   
4. Each resident has the right to be free from fear of intimidation, physical harm, or emotional harm. Residents must respect this right by conducting themselves as good citizens and good neighbors.

Residence Life Procedures

Housing Application Process

Housing applications are available online or in the Office of Enrollment Management. Follow the Housing Reservations link on this page to access the online Housing Application. SMC accepts housing applications on a first come, first served basis. Each housing application must be accompanied by a $25.00 application fee. Submission of an application does not guarantee a student housing assignment.

Housing Contract

If SMC accepts a housing application, it will send the applicant a housing contract. By signing the housing contract, students agree to comply with the housing contract, the Terms and Conditions of Residential Housing, this Handbook, and all other College rules and all federal, state, and local laws. To reserve a housing assignment, the applicant must submit a completed contract, along with a $250.00 security deposit, on or before the published deadline. For the 2009-2010 academic year, contracts are due on or before June 1, 2009. Submission of a contract does not guarantee a student housing assignment.

Housing Contract Cancellation and Termination

Residents should review the Terms and Conditions of Residential Housing for a description of the processes and fees associated with canceling or terminating a resident housing contract. Residents who wish to cancel their contract must send written notice to SMC’s Residential Housing Manager on or before July 15, 2009.

Housing Contract Modification

Residents should review the Terms and Conditions of Residential Housing for a description of the contract modification process. Residents who wish to change the terms of their contract from a Fall and Winter only contract to a 12-month contract must submit a written request, including date, time, and signature, to the Office of Residence Life.

Move-In Information

SMC will notify residents on or before July 15, 2009 of when they may begin to move in. First year students and first-time residents are encouraged to participate in the new student move in and welcome weekend activities.

Room and Roommate Selection

SMC reserves full discretion to assign and reassign residents to specific apartments. SMC staff may move a resident to another room if staff believes such a move is in the best interest of SMC, the resident, or other residents. SMC will consider requests for specific assignments, including requests for roommates or requests to transfer to a different apartment, but it may choose not to grant such a request. A resident may submit a request for a specific assignment or reassignment in writing to the Office of Residence Life.

Academic Requirements

SMC recognizes that residents are first and foremost students. SMC reserves the right to cancel a residential housing contract if SMC believes that living in residential housing is interfering with the resident’s academic success.

To remain a resident of student housing, residents must be full-time students during the Fall and Winter terms, taking no less than 12 credits per term. Residents who entered into a 12-month contract must also take no less than 6 credits during the Spring term. Residents who fail to satisfy this requirement may be asked to vacate their apartment but will remain financially responsible for the remainder of their contract term. Residents who earn a GPA of 2.0 or lower during any term must meet with the Residence Housing Manager and may be required to utilize campus resources, including tutoring, to improve their grades.

SMC may prohibit Residents whose GPA remains at a 2.0 or below for two or more consecutive terms from returning to student housing after the expiration of the contract term.

Move-In Inspection

On move-in day, SMC will provide each resident a room condition report that identifies the overall condition of the apartment and the condition of all furniture, appliances, and other items in the apartment, including the estimated replacement cost for each item. Each resident must inspect the apartment and note on the room condition report any differences between what is listed on the report and what he or she sees on move-in day. The Resident must return a completed copy of the room condition report to the front desk on move-in day. Front desk staff will provide the Resident a copy of the completed room condition report. The room condition report will be reviewed with residents at move-out. Residents are responsible for all damage to the apartment, beyond normal wear and tear, that was not identified on the room condition report at move-in.

Roommate Agreements

The Office of Residence Life has “roommate agreement” forms available for residents. SMC encourages roommates and suitemates to complete a roommate agreement as soon as possible. The agreement should address such matters as overnight guests, bathroom schedules, study schedules, cleaning of common areas, and the designation of items as shared or community items.

Conflict Resolution

If a resident is physically injured by another resident or a guest or is fearful of another resident or guest, or if a resident knows that another resident is fearful of or has been injured by a resident or guest, the resident should notify the Housing Manager or other SMC staff immediately. In all other cases, residents should discuss issues of conflict or concern directly with suitemates and neighbors before involving the Office of Residence Life. Residents must respectfully listen to fellow residents and attempt to resolve problems and concerns amicably. If a resolution cannot be reached between the residents, a resident may ask for assistance from a Resident Advisor or the Housing Manager.

Emergency Contacts

SMC and the Office of Residence Life may contact individuals identified by a resident as emergency contacts at any time SMC deems such contact appropriate.

Approved and Prohibited Items

All Residence Life apartments come equipped with a full-size refrigerator, oven, dishwasher, and microwave. Residents may not bring any other appliance or electronic item into the apartment unless the item is identified below as a pre-approved item or unless the resident is granted specific approval by the Office of Residence Life. Under no circumstances may a resident bring or allow any of the items identified below as a prohibited item to be brought into the apartment.

Pre-Approved Items

• Irons (equipped with auto shutoff feature)
• Desk lights with glass cover
• Personal computers and accessories
• Clocks
• Coffee makers
• Portable hair dryers
• Desk fans
• Non-halogen floor lamps
• Answering machines
• Radios
• CD players
• TVs
• VCRs
• DVD players
• Personal refrigerators (must be under 5 cubic feet and must use less than 1.5 amps of electric current)
• Toasters
• Popcorn poppers
• George Forman style grills
• Fish tanks (20 gallons or less)

Prohibited Items

• Mug warmers
• Wax/candle warmers
• Candles
• Grills
• Halogen lamps
• Space heaters
• Combustive chemicals, such as gasoline or propane
• Waterbeds or other water-filled furniture
• Live trees (e.g, holiday trees) or large potted plants
• Pets (caged or uncaged)
• Air conditioners
• Mattresses
• Microwaves
• Incense
• Lofts

In addition, motorcycles and other fuel-driven engines may not be stored or operated anywhere inside SMC housing and must be parked in designated parking areas.

Restrictions on and Instructions for Use of Appliances and Electronic Items

Residents may not leave heat producing items (e.g., irons, toasters, blow dryers, George Forman grills, etc.) unattended. Such items should be unplugged when not in use and should be cool to the touch before they are stored. Residents may not cover ventilation openings on TVs, stereos, or radios. Appliances and electronic items may only be used with proper extension cords. If the cord of an appliance or electronic item is frayed or damaged, the appliance or item is no longer safe and may not be used in the apartment.

Residents must unplug all appliances and electronic items before leaving for an extended period of time. Residents may not overload circuits by plugging too many devices into one outlet. If SMC determines that a resident is overloading a circuit, an SMC staff member will ask the resident to remove some items from the circuit. Residents must comply with such a request, and the failure to comply with such a request may result in disciplinary action.

Pets/Animals

Pets are prohibited, with the exception of aquarium fish with a maximum tank size of 20 gallons. This restriction does not apply to residents needing service animals. Residents needing service animals should contact the Executive Director of Campus Life.

Trash/Littering

In order to maintain a clean, healthy, and bug-free environment, residents are expected to properly dispose of all garbage in proper receptacles in a timely manner. Residents who leave bags of trash, boxes, or other items outside their door create a fire hazard. Trash should be disposed of in plastic bags that are tied shut. Trash picked up by staff will be billed to the responsible party’s account at the rate of $25.00 per bag. If no responsible party can be identified, the apartment that the trash is found outside of may be held responsible and all suitemates will split the rate of $25.00 per bag.

Guest Visitation

Guests must sign in at the front desk and show picture identification (e.g., drivers license, military ID, state ID). The guest’s host-resident must also sign in acknowledging that the host-resident takes responsibility for the guest. The host-resident must escort his or her guest for the duration of the guest’s stay. Guests must follow SMC Housing policies and procedures. The host-resident accepts all responsibility for any damage, problems, or violations caused by his or her guest’s behavior or actions.

Guests of the same gender as the host-Resident and who are at least 18 years old are permitted to stay overnight with the consent of the other suitemates. Guests may not stay longer than two nights in a row without the prior consent of the Housing Manager. No guest may stay more than 8 cumulative nights in residential student housing in a single term.

Guests who are over 18 years old and who are of the opposite gender of the host-Resident are not allowed in residential student housing after 11:00 p.m. Guests under 18 are not allowed in SMC Housing after 9:00 p.m., unless approved in advance by the Housing Manager.

Residents are limited to 2 guests per room, with no more than 4 guests in an apartment at any time. Suitemates should have conversations ahead of time if they plan to have guests visit.

Quiet Hours

Courtesy Hours

Courtesy hours are in effect 24 hours a day, 7 days week. Residents should inform other residents if activity is unreasonably disruptive. Residents have a responsibility to listen to other residents who approach them about their noise level. Residents are expected to first approach their neighbor or suitemate about a concern before requesting assistance from the Office of Residence Life.

Quiet Hours

During quiet hours, noise should be contained to a resident’s apartment or bedroom. Noise that can be heard clearly through closed doors or walls is considered excessive.

The following hours have been designated as quiet hours:
Sunday Night-Thursday Night: 10 p.m. - 8 a.m.
Friday Night-Saturday Night: 1a.m. – 8 a.m.

Exam Week Quiet Hours

Due to the varied class schedules of residents during exam week, and the intensity of study and quiet needed during this time, Quiet Hours are in effect starting at 1:00 a.m. on the Sunday prior to finals week each academic term and lasting through the end of final exams, with the exception of a brief courtesy hour between 6 p.m.-7 p.m. each day. This courtesy hour is not for blasting loud music or screaming in the hallways, but is for residents to vacuum or remove furniture if moving out or to perform similar activities that might cause too much of a disturbance otherwise.

Apartment Security

Residence Life provides door security systems on all apartment doors and ensures that they are maintained in working order. Residents should report malfunctioning locks immediately to the Front Desk. Residents may not affix any additional locks on apartment doors.

Residents may not use emergency exits or windows for entry or exit of the building except in emergency situations. SMC encourages residents to purchase small lockboxes or safes to keep in their personal bedrooms for the storage of personal valuables. SMC also encourages residents to obtain renters insurance.

Apartment Inspections

Periodic Safety Inspections

SMC’s Residence Life and Buildings and Grounds staff may periodically inspect apartments, including bedrooms and bathrooms, to ensure that no safety hazards exist. Staff will schedule such inspections and will give residents at least one week’s notice before the inspection. Typically these inspections will be done once per semester. During the safety inspection, SMC staff will check for malfunctioning appliances, unreported damage, and that the apartment is being kept in an overall safe condition. Following the inspection, SMC staff will leave the residents notice that the inspection was completed and of any follow up that may be necessary.

Maintenance Inspections

SMC staff may enter apartments and inspect common areas and bedrooms and bathrooms in the course of routine maintenance inspections. These inspections are designed to alert staff to maintenance and upkeep needs, to prevent short- and long-term damage to buildings, and to prevent unnecessary charges or fees to residents. SMC will provide residents with at least 24-hours’ notice before conducting one of these routine inspections. SMC staff will knock and announce themselves before entering the apartment. If, after three attempts, no one opens the door, SMC staff may open the door and enter the apartment without a resident present. Following the inspection, SMC staff will leave the residents notice that the inspection was completed and of any follow up that may be necessary.

Emergency Inspections

SMC staff may enter an apartment without notice or permission when it has reasonable cause to believe that a resident is violating this Handbook, SMC rules or regulations, or federal, state, or local law or when entry is necessary to protect someone’s health or safety or to preserve the rights of other residents.

Discovery of Violation or Contraband During Inspection

If, during an inspection, a staff member observes evidence of a violation of this Handbook, the SMC’s rules and regulations, or of a federal, state, or local law, the staff member may contact appropriate SMC authorities who may enter the apartment or the bedroom or bathroom to further investigate. If an inspection reveals contraband or an item that is likely to cause a safety threat to the building or the community, SMC staff may confiscate the contraband or item without the consent of the resident. If evidence of a violation of this Handbook, SMC rules, or federal, state, or local law is discovered during an inspection, the resident or residents of the apartment may be subject to further investigation and discipline. If SMC staff discover, during the course of an inspection, evidence of illegal activity, staff may refer the matter to law enforcement personnel for further investigation and possible prosecution.

Damage to Public Areas

If damage occurs to a public area inside SMC resident student housing and SMC cannot determine who is responsible for the damage, the costs of repair may be charged back to all residents. This policy is designed to encourage pride in SMC housing and to discourage damage. If a resident destroys college property, that resident may be responsible for restitution and other sanctions.

Move-Out Procedures

Move-Out Letters

Several weeks prior to the end of each contract term, SMC will distribute letters to each resident (“move-out letters”) to notify them of the move-out date and to explain the move-out procedures. Residents are responsible for reading and understanding the information contained in the move-out letter. If a resident has questions about the move-out letter, the resident should contact the Office of Residence Life. All residents must vacate the apartment by the move-out date unless an extension is granted as described below.

Check-Out Process

Before moving out, residents must sign up for a checkout appointment with a Residence Life staff member. Residents may sign up individually or as a suite. At the checkout appointment, a Residence Life staff member will meet with the resident or residents at their apartment to inspect the apartment, including bedrooms, bathrooms, common areas, and all appliances and furnishings that were in the apartment at move-in. The Residence Life staff member and the resident or residents will review the room condition report that was completed at move-in.

Unless an extension is granted as described below, a resident will not have access to an apartment after the move-out date except by appointment to complete the check-out process. A resident will be charged a daily fee equivalent to one day’s prorated rent payment for every day after the move-out date until: (1) all of the resident’s personal items are removed from the apartment, (2) all keys, including mailbox keys, are returned to SMC, and (3) the resident completes the check-out process.

SMC reserves the right to discard or donate any item remaining in an apartment after move-out day and to charge all residents of the apartment a fee for the removal of the item.

Damage

SMC will charge residents for any damage to the apartment beyond normal wear and tear not listed on the “room condition report” at move-in, including any necessary cleaning charges.

Late Stay

If a resident needs to stay in the apartment beyond the official move-out date, the resident must request an extension of the move-out date from the Housing Manager. The protocol for requesting an extension will be further explained in the move-out letter. If a resident is granted a move-out extension, the resident must pay a daily rate, prorated based on the daily rate for a 12-month contract term, for each day he or she remains in the apartment. Extensions are not guaranteed, and SMC reserves the right to deny a request for an extension.

Media Policy

Residents may not knowingly permit members of the media to enter SMC resident student housing buildings without the approval of the Executive Director of Campus Life.

Solicitation and Posting

To protect the safety, welfare, and privacy of student residents, solicitation from outside vendors is prohibited. Residents and their guests may not sell or distribute items door-to-door in resident student housing buildings without the prior approval of the Housing Manager. If a resident notices a violation of this policy, the resident should contact the front desk immediately.

Signs advertising academic, educational, or social activities sponsored by SMC or official SMC organizations may be posted in authorized areas of resident student housing buildings after they are stamped by the Office of Residence Life. Signs not stamped by the Office of Residence Life will be removed.

Residents may not post personal items on the walls, doors, or unauthorized bulletin boards in public or common areas of the resident student housing buildings, including, but not limited to, rideshare information, offers to buy or sell items, or advertisements for events that are not sponsored by SMC or an official SMC organization. Students may post such items on public or community bulletin boards designated for such postings. SMC is not responsible for the content of material posted on public or community bulletin boards.

Emergency Protocols

In the event that an emergency arises, it is the goal of SMC and the Office of Residence Life that all residents feel and are fully prepared and know what to do and how to respond. Resident safety is of the utmost importance. Resident Advisors will meet with all students at the beginning of each contract term to review emergency protocols. Residents should be aware of all protocols and take all alarms, threats, and warnings seriously.

Fire

If a fire is minor and a Resident feels safe handling it, all suites are equipped with fire extinguishers. To use a fire extinguisher:

• Pull the Pin at the top of the extinguisher. The pin releases a locking mechanism and will allow you to discharge the extinguisher.
  
  
• Aim at the base of the fire, not the flames. This is important - in order to put out the fire, you must extinguish the fuel.
  
  
• Squeeze the lever slowly. This will release the extinguishing agent in the extinguisher. If the handle is released, the discharge will stop.
  
  
• Sweep from side to side. Using a sweeping motion, move the fire extinguisher back and forth until the fire is completely out. Operate the extinguisher from a safe distance, several feet away, and then move towards the fire once it starts to diminish. Be sure to read the instructions on your fire extinguisher - different fire extinguishers recommend operating them from different distances. Remember: Aim at the base of the fire, not at the flames!

Once the fire is out completely, residents should call 911 and find a staff member to file a report. Firefighters should still be called to the scene to assess the cause of the problem and make sure the fire is completely out.

All apartments and common areas are equipped with smoke detectors. Should the smoke detector in a resident bedroom or apartment go off, it will not trigger the entire building system. Residents who have an out-of-control fire in their apartment or bedroom should exit their apartment, pull the door to their bedroom and apartment shut (to prevent the fire from spreading), and pull the fire alarm in the hallway to activate the all-community alarm. The resident should then call 911 and find a staff member or firefighter and tell them where the fire is located and if possible, how it was started. At no time should a resident try to combat or continue to combat a fire that is out of control. If a resident does not feel safe or a fire extinguisher is not doing enough, the resident should exit as quickly as possible and do as much as they safely can to alert the rest of the community.

When a fire alarm sounds, residents should always respond as if it is a real fire. Residents should immediately exit their apartments. Procedures for exiting during a fire alarm are as follows:

• Feel all doors and doorknobs for heat on the other side with the back of your hand before opening them. If a door is hot, do not open it. If a door is not hot, open it cautiously, and be prepared to quickly shut it if smoke or flames start to rush in. If no flames or smoke rush in, look out and check the hallway. If it is clear, close the door behind you and walk to the nearest exit. Never use an elevator during a fire. Take stairs to the ground level and exit the building. Once you have exited the building, meet in the parking lot, and find your floor and group so that staff can properly account for all residents. Follow all instructions of Residence Life Staff and other SMC officials. Always stay 25 feet away from the building and away from areas that firefighters need access to.
  
  
• If smoke or flames rush into your apartment, close the door quickly. If there is time, place a wet towel under the door to prevent smoke from entering your apartment. If possible close yourself into a bedroom with a window, again closing the door and placing a wet towel under the door. Open your window and hang a towel outside for someone to see. If you have a cell phone or phone near you, call 911 and tell them which apartment you are trapped in and the location of the fire. Tell them you have hung a towel out your window as a sign of where you are. Remain calm and stay on the line with the operator. If you do not have a working phone, go to your open window and start yelling for help. SMC staff and firefighters should be inspecting the outside of the building looking for anyone in distress.
  
  
• Residents should remain in the parking lot with their floor group until an all-clear is sounded or they are instructed that they may return to the building. If the building remains unsafe to re-enter, residents will be relocated for the evening and given instructions by SMC staff.

Knowingly or negligently causing or attempting to cause a fire in a college building; initiating or causing to be initiated any false alarm, report, warning, or threat of fire, explosion, or other emergency is prohibited and a cause for disciplinary action. Misuse or damage to fire safety equipment such as fire extinguishers, exit signs, first aid kits, or emergency supplies is also prohibited and a cause for disciplinary action.

Severe Weather or Tornado

Tornadoes can occur at any time, but are more prevalent during the Spring months. They are usually a funnel-shaped cloud, spinning rapidly and extending toward earth from the base of a thunder cloud. When close by, a tornado sounds like the roar of airplanes.

A weather monitor is located at the front desk. In the case of severe weather or tornado, an alarm will sound, (students should hear an alarm that is a steady tone, as opposed to a fire alarm sound which is a ringing sound) and all residents in the building will be directed down stairwells to the basement. Residents should not use the elevator. Suitemates should check to make sure other suitemates are exiting the apartment. Residents should take keycards and close all doors.

Flashlights are not provided by Residence Life. Residents should consider obtaining flashlights for their apartment in the event of a power outage or extreme weather. Candles are prohibited.

The following are weather warning levels:

Tornado Watch – A tornado watch means that conditions are favorable for the development of a tornado. A tornado watch will be announced only through local radio and television (no sirens). Although tornado watches are issued frequently, one should be prepared to take appropriate action should threatening weather develop.

Tornado Warning – A tornado warning means that a tornado has been sighted, and SMC is in its path. The County Emergency Management Agency will activate its siren. The siren will issue a steady tone for three to five minutes. If residents hear the siren, they should proceed to the basement as discussed above.

Bomb Threat

In the event a bomb threat is received:

Residents will be evacuated immediately from the building.

Residents should stand at least 100 feet from all buildings.

No one may re-enter the building until clearance is given by SMC Staff or the Housing Manager. Should it be determined that the individual responsible for the bomb threat is a student, the College will initiate immediate disciplinary action and refer the student for criminal prosecution.

Campus Lock-Down

Alertify is SMC’s emergency notification service provided free to students, faculty, and staff. This system is used to send safety alerts and advisory messages immediately to all phone numbers provided by SMC students, faculty and staff. In the case of a campus lock-down, residents will receive notification via the Alertify system and a campus message will be sent out on SMC Wired.

During a campus lock-down, residents are asked to remain where they are, lock doors to apartments and bedrooms, stay clear of windows, and wait until an all-clear message is sent or directions are given through the Alertify system or on the SMC Wired account. If a resident feels that he or she is in immediate danger and is unable to relocate, the resident should call 911.

Registered Sex Offender

If it comes to the attention of the Department of Residence Life or SMC that an individual required by law to register as a sex offender applies to reside in or currently is a resident of SMC Housing, the Executive Director of Campus Life and other college officials will form a review committee to determine if the individual will be allowed to reside in or continue to reside in SMC housing.

The individual will be given opportunity to provide information to the committee and may be requested to appear before the committee. The committee will then determine whether it is in the best interest of the housing community and the SMC community for the individual to reside in student housing, and if so, whether conditions of residency will apply.

If the committee concurs, by majority vote, that the individual will not be allowed to stay in student housing, the individual will be notified in writing. The decision of the committee will stand, unless the individual submits a written appeal within 7 calendar days of receiving notification. Such appeals must include supportive reasons and must be made in writing to the Executive Director of Campus Life. If appealed, the Executive Director of Campus Life will make a final determination as to whether the individual will be allowed to reside or remain in SMC housing.

Students may obtain information about registered offenders living on or near the SMC campus through the Michigan Public Sex Offender Registry at http://www.mipsor.state.mi.us/.

SMC Resident Code of Conduct

All residents must comply with the Code of Student Conduct contained in the SMC Student Handbook. All rights, procedures, and possible sanctions described in the SMC Student Handbook apply to residents. In addition, residents must also comply with the rules and regulations contained in this Handbook. Residents who violate the Code of Student Conduct or the rules and regulations contained in this Handbook may be suspended or expelled from student housing and may be subject to any of the sanctions described in the SMC Student Handbook and in this Handbook. At any time, SMC and the Department of Residence Life reserve the right to alert proper law enforcement authorities of possible criminal activity.

In addition to the rules and regulations described elsewhere in this Handbook and in the SMC Student Handbook, Resident students must abide by the following code of conduct:

Offenses involving any of the following activities will be referred directly to the Executive Director of Campus Life.

Drugs

The possession of or intent to deliver, transport, sell distribute, exchange, use or manufacture any illegal substance or drugs in any building or on any property owned by the College is prohibited. Possession of drug paraphernalia is prohibited (e.g., marijuana bong or hookah pipe). The odor of drugs emanating from apartments, bedrooms, or common areas will provide reasonable evidence for a Residence Life staff member or SMC official to enter the apartment or area from where the odor is emanating.

Weapons

The display, possession, use or intent to use firearms, ammunition, firecrackers, explosives, or other hazardous objects or substances is prohibited. Prohibited “weapons” include, but are not limited to:

• Handguns, rifles, shotguns, BB guns, pellet guns, air/CO2 guns, paint guns, soft air guns, blow guns, or sling shots;
• Longbows, compound bows, crossbows and arrows;
• All knives (with the exception of culinary knives used solely in kitchen areas or for cooking purpose);
• Martial arts weapons such as numb chucks, swords, throwing stars, etc.

Residents may not possess weapons or fake weapons in any residential student housing building.

Illegal Activities

Residents involved in illegal activities on campus, both on student housing property and on the greater campus, may face civil, or criminal action, action under the Student handbook, or action under this Handbook which may directly affect their residency within SMC Housing. It is the resident’s responsibility to be aware of all SMC, federal, state, and local laws and rules and to abide by them at all times. Residents should be good representatives of SMC and the Housing community.

Offenses involving any of the following activities will be referred to the Housing Manager:

Alcohol

SMC student housing is an alcohol-free living and learning community. Residents, guests, or invitees may not possess, sell, distribute, buy, or use alcoholic beverages in any apartment, bedroom, common space or any other area in the Housing community. This includes residents and guests who are of a legal age to consume alcohol.

Residents may not display or possess empty alcohol containers, boxes, or bottles in their apartments.

In addition to other sanctions described in the Student Handbook and in this Handbook, SMC residents who are suspected of abusing alcohol or other drugs may be referred for assessment or treatment. Residents may be required to verify attendance or participation in order to avoid further disciplinary action.

Computer Use

The SMC Use of College Computers Policy, Policy 1.31, applies to the use of computers and computer networks in residential student housing buildings. Violation of Policy 1.31 is prohibited. A copy of Policy 1.31 is attached as Appendix A.

Smoking

Smoking and use of smokeless tobacco products is prohibited in all college buildings and vehicles including residential student housing buildings. Smoking must be limited to designated areas outside of college buildings at least 25 feet away from the building.

Gambling

Gambling on campus is prohibited.

Failure to Comply with Emergency Protocol

In the event of emergencies or drills as mandated by state regulation or SMC policy or practice, SMC and the Office of Residence Life expects all residents and their guests to follow proper protocol and evacuate the building or move to safe areas as necessary.

Residents who fail to comply with emergency protocol (for example: remaining in the building during a fire drill, re-entry into a building before an all-clear is given, or using an elevator during an alarm) may be subject to disciplinary action.

Fire Safety/Building Endangerment

Pulling fire alarms when there is no fire, causing fires, tampering with smoke detectors, or misusing any fire-fighting equipment is prohibited.

Unapproved appliances or other items are prohibited. In addition, possession of any of the following dangerous items is prohibited: gun powder, laboratory chemicals, acid, fireworks, gasoline, oil, kerosene, propane, charcoal, turpentine, and other combustibles. All Residents of an apartment where unapproved or prohibited items are present will be held responsible, regardless of who actually owns the item, and may be subject to disciplinary action.

Obstruction of Residence Life Functions

Behavior or conduct that obstructs or disrupts Residence Life staff members and other SMC staff from performing their official duties is prohibited. Such behavior may include, but is not limited to physical abuse, threats, or failure to comply with staff requests.

Vandalism/Damage

Residents are expected to exercise care in the use of the building and furnishings provided. Residents are responsible for supervising and aiding in the care of the buildings, identifying offenders and immediately notifying staff when vandalism or damage occurs. Vandalism or intentionally causing damage to SMC property or the property of others is prohibited.

Harassment

Harassment or threats of violence against any person, student, or staff member on the basis of race, color, religion, sex, national origin, creed, ancestry, familial status, age, disability, marital status, height, weight, sexual orientation, disability or veteran's status, or other protected status through any mode of communication including, but not limited to, in person, in writing, through telephone, social networking sites, electronic mail, or instant messaging will not be tolerated in SMC Housing or anywhere on the SMC campus.

All formal complaints of harassment must be directed to the Senior Vice President for Planning and Advancement in writing. See the Student Handbook for details.

Unauthorized Entry to Premises

Unauthorized possession, duplication, or use of keys to any SMC premises or areas or unauthorized entry onto SMC property is prohibited.

Other Violations of this Handbook

Failure to comply with the rules and regulations contained in this Handbook may lead to disciplinary action.

Offenses involving any of the following activities will be referred to the Resident Advisor:

Quiet Hours

Failure to comply with the Quiet Hours and Courtesy Hours sections of this Handbook may lead to disciplinary action.

Hall Horseplay

Bicycles, skateboards, skates, rollerblades, and similar items are prohibited inside SMC Housing. In addition, Residents may not play any type of sport or throw anything inside the facilities which might harm or injure others or damage property.

Resident Conduct Process and Policies

The Resident Conduct process is in addition to and separate from the disciplinary process described in the SMC Student Handbook. A Student who violates SMC rules may be sanctioned under the procedures outlined in the SMC Student Handbook and, in addition, may face sanctions under this Resident Conduct process.

The Resident Conduct process is not created to merely punish students, but to help create standards for a healthy, safe, and enjoyable living community. The SMC Resident Conduct process is about education and learning to demonstrate proper and responsible behavior both in and outside the SMC Community. The goals of the Conduct process are:

• To foster an environment where residents and their guests take responsibility for their own behavior and actions;
• To demonstrate that there are natural consequences for inappropriate behavior and decisions;
• To learn that responsibility for one’s self and community is important;
• To learn that proactive care and concern for others leads to healthier standards of living and better relationships.

The conduct process begins with the distribution of this SMC Resident Handbook. Residents are encouraged to seek clarification of policies or rules that are unclear to them. Residence Life staff is available year round to answer questions.

Residents must comply with this Handbook for the entire term of their resident student housing contract. All SMC students must fulfill all disciplinary sanctions, even if those sanctions will occur outside the contract term. (For example: If a Resident violates the alcohol policy on the last day of his or her housing contract, the resident will still be expected to satisfy all sanctions imposed as a result of the conduct.)

When an alleged violation has occurred:

Filing Incident Report

Any staff member, resident, or guest who witnesses a violation of this Handbook or who has information that such a violation occurred should complete an incident report. An incident report may be filed with the Office of Residence Life or through the Red Flag Information System. Access to the system is available through SMC Wired, http://www.swmich.edu/. Guests who attend other colleges may be reported to their college’s Judicial, Disciplinary, or Conduct Process Manager or Director.

Investigation and Information Meeting

After receiving an incident report, the appropriate Residence Life staff member, as described above, will consult with the witness about the incident, check for a record of the Resident’s previous offenses, and meet with the Resident to share the incident report and to review the conduct process and due process rights. At that meeting, residents may ask questions about their rights or the process.

Due Process Hearing

Following the record review and meeting with the resident, the Residence Life staff member will determine whether a hearing is necessary. If the resident student admits the offense and the resident and the Residence Life staff member agree to sanctions, no hearing is required. If a hearing is required, the Residence Life staff member may preside over the hearing or may appoint an impartial hearing officer to preside over the hearing.

If a hearing is necessary, the Office of Residence Life will send the resident written notice indicating the time and place of the hearing and describing the charges against the resident. This notice must be given at least three (3) business days in advance of the hearing. If proper notice has been provided, a hearing may be conducted in the resident's absence. The resident is responsible for all determined outcomes.

As the hearing proceeds, the resident will have the opportunity to: (1) present his or her perspective on the incident in question; (2) share written statements for consideration; and (3) present witnesses as pertinent. Formal rules of process, procedure, and evidence such as are applied in criminal or civil courts do not apply to the Resident Conduct process. Residents may not “cross examine” witnesses, but may request the person presiding over the hearing to ask the witness questions.

Notice of Decision and Sanctions

At the conclusion of the hearing, the Residence Life staff member or impartial hearing officer will determine, based on a preponderance of evidence, whether the resident committed a violation of this Handbook. If a violation is found, the Residence Life staff member will determine the appropriate sanctions. Written notice of the decision and sanctions will be delivered to the resident within five (5) business days following the hearing. Residents must complete all assigned sanctions within the time period described in the notice.

Appeal

If a resident disagrees with the findings or the sanctions imposed, the resident may file an appeal, in writing, to the Executive Director of Campus Life within five (5) business days from the date the resident received the notice of the decision and sanctions. In the appeal, the resident must state, in writing, why he or she believes the findings were incorrect or why the sanctions were inappropriate. If the Executive Director of Campus Life presided over the hearing or determined the sanctions, the Executive Director will refer the appeal to the Dean of Students who will consider the appeal. The decision of the appeal is final.

Due Process Rights

Residents have the following due process rights:

• Residents have the right to be informed of SMC’s regulations and the scope of possible penalties;
• Residents have the right to fair judgment by an impartial party;
• Residents have the right to be notified of the charges made against them;
• Residents have the right to object to a staff member hearing the case. If the objection is valid (i.e., member is biased, close friend, hostile toward the alleged violator), another person will be assigned to hear the case. The validity of the objection shall be determined by the Executive Director of Campus Life;
• Residents have the right to hear all testimony presented against them;
• Residents have the right to present witnesses on their behalf. The number of witnesses called will be limited only when necessary to limit the unnecessary prolonging of the hearing. The Residence Life staff member or hearing officer also has the right to call witnesses, when necessary;
• Residents have the right to submit a written statement;
• Residents will not automatically be assumed in violation;
• Upon written request, a student may review his/her conduct file;

Possible Sanctions

Possible sanctions for a violation of this Handbook include, but are not limited to: papers, community service, restitution, fines, presentations, formal apologies or letters, and temporary or permanent removal from SMC Housing. These sanctions are in addition to any sanctions the resident student may face under the SMC Student Handbook for a violation of the Code of Student Conduct.